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STATE v. CAIN

No. 17024.

359 S.E.2d 581 (1987)

STATE of West Virginia v. Thomas Ronald CAIN.

Supreme Court of Appeals of West Virginia.

July 17, 1987.

Attorney(s) appearing for the Case

Charles G. Brown, Atty. Gen., Bethany Boyd, and Mary Rich Maloy, Asst. Attys. Gen., for appellant.

Harry A. Smith, III, Elkins, for appellee.

McHUGH, Justice:

This case is before this Court upon the appeal of Thomas Cain. It arises from an order of the Circuit Court of Randolph County in which the appellant was sentenced to life imprisonment pursuant to the West Virginia habitual criminal statute, W.Va.Code, 61-11-18, -19 [1943].

I

During the January, 1984 term of the Circuit Court of Randolph County, the appellant was convicted by a jury of breaking and entering a drug store. Before...

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